News & Analysis as of

Appeals Patent Litigation Appellate Jurisdiction

Sheppard Mullin Richter & Hampton LLP

Federal Circuit Denies Appellate Jurisdiction Based on Alternative Ground for Relief

In Acorda Therapeutics, Inc. v. Alkermes PLC, the Federal Circuit held that it did not have appellate jurisdiction to review a decision by the district court in the Southern District of New York not to modify an arbitral...more

McDermott Will & Schulte

Noncompulsory Counterclaims Don’t Confer Appellate Jurisdiction

The US Court of Appeals for the Federal Circuit determined that it does not have appellate jurisdiction to review noncompulsory patent counterclaims in a case otherwise unrelated to the originally asserted patents. Teradata...more

McDermott Will & Schulte

Burdens Can’t Be Avoided No Matter How They’re Dressed Up

Addressing a multitude of issues, the US Court of Appeals for the Federal Circuit affirmed the district court’s ruling dismissing infringement of one patent and finding a trade dress invalid but reversed the invalidation of...more

McDermott Will & Schulte

Time Bar Dismissal Saves Patent Found Unpatentable

The US Court of Appeals for the Federal Circuit dismissed an appeal, finding it lacked appellate jurisdiction to review a Patent Trial & Appeal Board (Board) decision to vacate an institution decision of inter partes review...more

McDermott Will & Schulte

Federal Circuit: Contractual Arbitration Agreements Don’t Bind PTAB Institution Decisions

The US Court of Appeals for the Federal Circuit issued an order declining to intervene in inter partes review (IPR) institution decisions by the Patent Trial & Appeal Board (PTAB) and further denied a writ of mandamus to stay...more

McDermott Will & Schulte

Not So Fast! Order Limiting Damages Does Not Create Appealable Final Judgment

In considering an appeal in a patent and breach of contract case, the US Court of Appeals for the Federal Circuit explained that a district court’s damages ruling was not dispositive where it did not foreclose the plaintiff’s...more

Schwabe, Williamson & Wyatt PC

2017 and Early 2018 Supreme Court and Precedential Patent Cases From the Federal Circuit

Arbitration - Waymo v. Uber Technologies, 870 F.3d 1342 (Fed. Cir. 2017) - Waymo sued Uber and others for trade secret misappropriation and patent infringement. Uber contends that Waymo should be compelled to...more

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